Judicial Guarantee for the Employee Against Abuse of Administration in Iraqi, Egyptian and Lebanese Law

The defect of arbitrariness is related to the element of purpose, which is worthy of abolition, and as The defect of arbitrariness is related to the element of purpose, and it deserves to be abolished. It must be a primary, not secondary, defect that the judge raises on his own. We have discussed the arbitrariness of the administration in Iraqi, Egyptian and Lebanese law, studying the comparative (descriptive) approach and the historical approach in some cases, i.e. the compound. The judge has a role in monitoring the discretionary power. To the administration by monitoring the administrative decision and its suitability to the principle of legality, and imposing its control on the element of reason, which is one of the most important objective elements in making the administrative decision and obligating the administration to cause the administrative decisions so that it is easier for the administrative judge to monitor the work of the administration and reveal the motives and purposes of the administration. And to ensure the safety of the physical existence of the facts as one of the minimum limits of judicial control over the work of the administration represented in the control of the legal adaptation of the facts, which focuses on a specific fact and not an abstract process within the legal rule to be applied. The rights of individuals, and the administrative judiciary has turned to modern methods of controlling the discretionary authority of the administration and has become one of the general legal principles through the control of the obvious error in the assessment and to achieve a balance between power and freedom as the scale on which the administrative judge depends to assess the actions of the administration in order to prevent its arbitrariness, which is considered the judge The apparent error in the estimation is an objective criterion to be adopted in addition to the balance between benefits and harms, which are also considered among the general principles and which outweigh the benefits over harms and are related to the element of the shop. Damage as a result of the administrative work and the provision of the administrative judge from the guarantees and powers that Perhaps he faces the defect of abuse in all its forms. The judge has the right to ascertain the existence of the material element that targets the motive, the motive contrary to the public interest and its distance from the goal. The judge has procedures that facilitate the process of proof for the plaintiff, and that the plaintiff is the one who bears the burden of proof, and if no evidence is established, he lost the case. The administrative decision is free of this defect, and if her claim is not proven and the charges against her are not paid, the administrative decision is canceled by the administrative judge.